Studio 22 High Tek

Terms and Conditions of Use

Updated: March 28, 2020

1. Contract Between You and Studio 22; Privacy Policy

These Terms and Conditions of Use ("Terms") and our Privacy Policy (see Studio 22 website) form a legally binding agreement between you and Studio 22 High Tek (“Studio 22”), and govern your access and use, and our provision of, the Studio 22 High Tek website and any other technology, content, items or other materials provided by or through Studio 22, or otherwise on which these Terms are provided (including via links).  By accessing or using any Studio 22 service, including but not limited to: the Studio 22 Virtual Training Program, and Studio 22 Social Media Contest,  you agree to be bound and abide by these terms, our privacy policy, our liability wavier and release (where applicable) and any amendments thereto. Please read these terms carefully before using any Studio 22 services. If you do not agree to these terms, please immediately cease use of any Studio 22 services.

Supplemental terms and conditions may apply to certain Studio 22 services, such as rules for a particular contest, competition, or activity, terms and conditions for Studio 22 Virtual Training or terms that may accompany certain content, software or other materials accessible through the Studio 22 services ("Supplemental Terms"). Any Supplemental Terms will be disclosed to you in connection with those other activities and will apply and govern specifically over such activities.

2. Changes to These Terms

We may, in our sole and absolute discretion, change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Studio 22 website; however, for existing customers, the applicable revisions shall be effective thirty (30) days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Studio 22 services. By continuing to use any Studio 22 service after the 30-day period referenced above in this Section, you expressly accept any applicable changes. Please note our employees, coaches, staff or other agents are not independently authorized to modify any provision of these Terms, either verbally or in writing. 

3. Studio 22's Intellectual Property; Limited License to Studio 22 Services

A. Ownership

You acknowledge and agree that Studio 22, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by Studio 22 High Tek or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the content contained in some of Studio 22’s services, including Studio 22 Virtual Training, is  proprietary and confidential information of Studio 22 and/or its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with Studio 22’s ownership of said materials, and that you gain no rights, title, or interest in or to any of Studio 22’s content, material, services, or the like,  or any goodwill associated therewith, except as stated in these Terms or any executed written agreement between you and Studio 22. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Studio 22 or any third party. 

B. Limited License: Studio 22 Virtual Training

For the Studio 22 Virtual Training Program which enables you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific Studio 22 Virtual Training Program, and any related software, content, or other materials  FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

C. Restrictions

You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any Studio 22 Service; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Studio 22 Service to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Studio 22 Service; (iv) access or use any Studio 22 Service in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Studio 22 Services or any part thereof, except as expressly authorized in these Terms or as part of the Studio 22 Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Studio 22 Services or connected network, or interfere with any person or entity’s use or enjoyment of any Studio 22 Services; (vii) access, monitor, or copy any element of the Studio 22 Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Studio 22 Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any Studio 22 Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Studio 22 Services, you represent and warrant that: (ix) your access to and use of the Studio 22 Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Studio 22 Services and our websites.

 

D. Third Party Services and Content

Certain Studio 22 Services may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, tools, interfaces, content, and/or materials ("Third-Party Services"). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps, software or any other element of the Studio 22 Services. There is no implied affiliation, endorsement or adoption by Studio 22 of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that separately apply to these Third-Party Services.

Certain opinions, advice, statements, or other information, including without limitation, exercise data, may be made available by third parties through or in connection with the Studio 22 Services ("Third-Party Content"). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Studio 22 Services. Studio 22 does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party content on any studio 22 service; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party as part of any third-party content. Under no circumstances will Studio 22 be responsible for any loss or damage resulting from your reliance on third-party content posted on the Studio 22 services or transmitted to or by any third-party in connection with the Studio 22 services.

E. Disclaimer of Warranties

You acknowledge and agree the Studio 22 services, including without limitation, any products, goods, services, websites, applications, dance, health, fitness, wellness content and advice, or any other information provided therein are provided “as is” and “as available”, with all faults, errors and omissions, and without any performance assurances or guarantees of any kind. We expressly disclaim any and all warranties, conditions, and representations, express or implied, regarding the Studio 22 services, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, uptime, accessibility, and warranties arising from course of dealing, usage or trade practice. We make no guarantee or warranty that the Studio 22 service will meet your requirements or that they will be uninterrupted or error-free. We further make no guarantee or warranty as to the particular wellness and dance goals, results, benefits or outcomes that may be achieved or obtained through use of any Studio 22 services. You agree to use the Studio 22 services at your sole risk.

You will not hold Studio 22 or its third-party service providers, licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the Studio 22 services, including without limitation any loss or damage to any of your computers or data, as the Studio 22 services may contain bugs, errors, problems or other limitations.

 

4. Your Content and Account

A. User Generated Content

User Content, including names, emails, biographical information and the like, that you submit through your Studio 22 Virtual Training Program Account or any other Studio 22 Services will be stored, maintained and used by Studio 22 in accordance with our Privacy Policy. 

You may not submit or upload User Generated Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by Studio 22 in its sole and absolute discretion. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Content or communications you submit, at any time and for any or no reason, including to ensure that the User Content or communication conforms to these Terms, without prior notice to you.

You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit, and you fully and unconditionally authorize us to use and exploit, your User Content in all manners and mediums (including commercial use) desired by Studio 22, including as contemplated by these Terms. You agree to indemnify and hold us and our owners, members, and affiliates, and each of their respective employees, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Content. You waive any right to injunction or other equitable relief in connection with Studio 22’s use or exploitation of User Content.

We will not be responsible or liable to any third party for any User Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the Studio 22 Services, or any authors, experts, celebrity trainers or otherwise. User Content shall not state or reflect the attitudes and opinions of Studio 22, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by Studio 22.

B. User Conduct

You must only use the Studio 22 Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Studio 22 Services. In using any Studio 22 Services, and in particular, our Studio 22 Virtual Training Program, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

  1. copy, reproduce, or improperly use, post or access any content on the Studio 22 Services;

  2. modify, distribute, or re-post any content on the Studio 22 Services for any purpose;

  3. use the content on the Studio 22 Services for any commercial exploitation whatsoever;

  4. disrupt or interfere with the security of, or otherwise abuse, the Studio 22 Services, or any services, system resources, accounts, servers, or networks connected to or accessible through the Studio 22 Services or affiliated or linked sites;

  5. access content, data or portions of the Studio 22 Services which are not intended for you, or log onto a server or account that you are not authorized to access;

  6. attempt to probe, scan, or test the vulnerability of the Studio 22 Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;

  7. access any Studio 22 Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;

  8. interfere or attempt to interfere with the use of the Studio 22 Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

  9. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on the Studio 22 Services;

  10. harass, “stalk”, disrupt or interfere with any other user's enjoyment of the Studio 22 Services or affiliated or linked sites;

  11. upload, post, or otherwise transmit through or on the Studio 22 Services any viruses or other harmful, disruptive, or destructive files;

  12. use, frame, or utilize framing techniques to enclose any Studio 22 trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Studio 22's express written consent;

  13. use meta tags or any other "hidden text" utilizing a Studio 22 name, trademark, or product name without Studio 22's express written consent;

  14. deeplink to the Studio 22 Services, including our websites without Studio 22's express written consent;

  15. create or use a false identity on the Studio 22 Services, share your account information, use another individual’s account information, or allow any person besides yourself to use your account to access the Studio 22 Services;

  16. harvest or otherwise collect information about Studio 22 users, including email addresses and phone numbers;

  17. download, “rip,” or otherwise attempt to obtain unauthorized access to any Studio 22 Services, content or other materials; and

  18. xviii.post any copyrighted material unless the copyright is owned by you.

C. Your Account; Passwords

Certain Studio 22 Services permit or require you to create an account (such as a Studio 22 Virtual Training Program) to enjoy additional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct.

You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Studio 22 Services. You agree not to use the account, username or password of any other account holder at any time. Studio 22 will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

5. Studio 22's Products/Services; Websites; Orders

A. Product and Service Descriptions, Price and Other Information

We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering products or services through our websites, please note that:

  1. Studio 22 reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;

  2. Studio 22 reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;

  3. all prices are displayed in United States Dollars unless expressly indicated otherwise;

  4. all items are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.

Please also note that we may be required to change the terms of any products, goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, and/or package contents. We will provide you with prior notice of any changes, by posting a notice on our websites, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any products you receive on an automatic recurring or subscription basis. Studio 22 will not incur any obligation as a result of such change. By continuing to accept goods and/or services after we have notified you of a change to any terms, you will be deemed to have 

B. Your Personal and Payment Information

When you provide any information to us for any reason, such as to sign up for our mobile applications, or purchase our Studio 22 Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting owner, Jackie Graney at jgraney@studio22hightek. To help keep your account current and prevent service interruption, you acknowledge Studio 22 may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

C. IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS

We offer certain products and services on an automatic or subscription basis (including Studio 22 Virtual Training Program), so you can enjoy all the benefits of our services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Your automatic subscription will continue until you or Studio 22 cancels your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. You may modify or cancel your subscription at any time by contacting owner Jackie Graney at jgraney@stuido22hightek.com. Any modifications or cancellation of your subscription must be received by us at least three (3) days prior to the next scheduled payment in order to take effect for that period. If you cancel less than three (3) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.

D. Studio 22 Virtual Training Program

If you are an active, paid subscriber of Studio 22 Virtual Training Program, you will be able to stream a variety of Studio 22 dance and fitness programs, and gain access to related digital-only program materials, such as class schedules and calendars. Studio 22 Virtual Training Program memberships are not transferable and may only be used by the individual who signed up for the account. If you cancel your membership, you will no longer have access to any Studio 22 content through Studio 22 Virtual Training Program, unless otherwise stated.

 

E. Studio 22’s Reservation of Rights

Studio 22 reserves the right to suspend or terminate your interaction with any Studio 22 Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide. If you are accessing, using and/or purchasing any Studio 22 Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.

6. Important Notice About Our Studio 22 Virtual Training: Liability 

By creating an account and subscribing to Studio 22 Virtual Training Program, you hereby agree that you are authorized to participate in prerecorded and live streamed courses, workouts, activities, photographs, and the like with Studio 22 High Tek. You acknowledge that Studio 22 High Tek is organized under the laws of the State of Illinois. You hereby certify that you, and/or my dependents participating in the Studio 22 Virtual Training Program:

 

  1. You physically able to perform all classes, workouts, activities and the like, offered by Studio 22. 

  2. You release, absolve, indemnify and hold harmless Studio 22 High Tek, it members, managers, organizers, sponsors, supervisors, employees, coaches, and agents in their individual and collective capacity and indemnify same from any and all loss, claim, cause of action, damage, or liability that may incur arising out of or in connection to my participation in prerecorded and/or live streamed courses offered by Studio 22 High Tek. 

  3. You further release, absolve, indemnify and hold harmless Studio 22 High Tek, its members, managers, organizers, sponsors, supervisors, employees, coaches and agents in their individual and collective capacity from any injury sustained by myself or my dependent participating in the Studio 22 Virtual Program. 

  4. You agree to assign irrevocably to Studio 22 High Tek all rights to my likeness and voice in any photo, video or electronic media of me taken during my participation in Studio 22 High Tek prerecorded and/or live streamed courses. I agree and understand that by signing this Waiver, Studio 22 High Tek has my permission to use videos, photos, and electronic media services that include my image, voice, and likeness. I further agree and understand that all Studio 22 Virtual Training materials are the property of Studio 22 High Tek and shall not be copied and/or distributed without the express permission of Studio 22 High Tek. 

 

THROUGH SUBSCRIPTION, PURCHASE AND/OR PARTICIPATION IN THIS PROGRAM, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS LIABILITY WAIVER AND RELEASE AND AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN. 

 

7. Copyright Policy and Copyright Agent

It is Studio 22's policy to respect the copyright and other intellectual property rights of others. Studio 22 may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, Studio 22 may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Studio 22 complies with the Digital Millennium Copyright Act.

If you believe that content available on or through the online Studio 22 Services, or accessible via links posted on online Studio 22 Services, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below ("Notification") to our copyright agent by mail or e-mail using the contact information provided below.

You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the online Studio 22 Services infringes your copyright, you should contact an attorney.

A Notification must include the following:

  1. Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.

  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).

  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.

  5. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please direct Notifications to owner, Jackie Graney via email to:  jgraney@studio22hightek.com. 

Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are willful or repeat infringers.

8. Indemnification; Limitation of Liability

  1. Indemnification. You agree to indemnify and hold Studio 22, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your improper use of any Studio 22 Services, your violation of these Terms, or your violation of any rights of a third party.

 

  1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STUDIO 22 OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO STUDIO 22 OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY STUDIO 22 SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF STUDIO 22 AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO STUDIO 22 FOR ANY STUDIO 22 SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN STUDIO 22 AND YOU. THE STUDIO 22 SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. STUDIO 22 WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, GLOBAL PANDEMICS,  FIRE, FLOOD, NATURAL DISASTER, CIVIL UNREST OR WAR.

Miscellaneous

  1. Governing Law. You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any Dispute between you and Studio 22. As the Studio 22 Services are controlled by Studio 22 High Tek from Illinois, Illinois law will apply regardless of your residence or the location where you use Studio 22 Services.

  2. International Users. Our websites are controlled, operated, and administered by Studio 22 from its offices within the United States of America. Studio 22 makes no representation or warranty that the materials contained within the Studio 22 Services are appropriate or available for use at locations outside of the United States, and access to them from territories where the contents or products available through the Studio 22 Services are illegal is prohibited. You may not use the Studio 22 Services or export the Studio 22 Services in violation of U.S. export laws and regulations. If you access the Studio 22 Services from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.

  3. Notices. All notices required or permitted to be given under these Terms must be in writing. Studio 22 may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH STUDIO 22 IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY STUDIO 22 OF AN EMAIL TO THAT ADDRESS. 

  4. Severability. If any provision of these Terms, or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.

  5. Termination. Notwithstanding anything to the contrary in these Terms, Studio 22 reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any Studio 22 Services, including to block or prevent your access and use of any of our websites. You agree that Studio 22 shall not be liable for any interruption or termination of your access and/or use of our websites.

  6. No Third Party Beneficiaries. Except as set forth in these Terms, only you and Studio 22 may enforce these Terms; no third party shall be entitled to enforce these Terms.

  7. Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

  8. Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the owner or authorized legal representative of Studio 22 in order to be effective.

  9. Assignment. Studio 22 may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.

  10. Amendments; Entire Agreement. These Terms may not be amended unless in a signed writing by the owner or authorized legal representative of Studio 22. These Terms constitute the final, exclusive and complete agreement between you and Studio 22 regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and Studio 22.

  11. Language. It is the express intent of the parties that these Terms and all related documents have been written in English.